공사대금
1. Defendant A Co., Ltd.: (a) KRW 138,341,667 for the Plaintiff and 6% per annum from November 7, 2014 to August 21, 2015.
1. Facts of recognition;
A. On April 2014, the Plaintiff is proceeding with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) and the IMPS Co., Ltd.
With respect to the lease of the Defendant Company’s building in Seoul and D (hereinafter “instant building”), the construction contract (hereinafter “instant contract”) was concluded as follows.
A period of construction: A fixed amount cannot be carried out from May 10, 2014 to June 15, 2014 due to design consultation and amount consultation. Thus, the construction is to be carried out at a fixed amount after reporting the implementation of inputs to the contractor when the design is modified and the construction is being carried out.
The Plaintiff, who is responsible for the CM of the instant construction works from the Defendant Company, receives 15% of the total construction cost as the service cost for the construction progress management, and the Defendant Company directly pays the relevant construction company the individual construction cost, such as metal, wood, Do, etc.
The construction cost shall be paid on June 15, 2015 after the pre-construction.
B. The Plaintiff failed to complete a part of the construction until June 15, 2014.
From June 30, 2014 to August 26, 2014, Defendant Company paid 161,000,000 won in total to the Plaintiff or the relevant construction company.
C. After that, the Plaintiff and the Defendant agreed that “the Plaintiff shall directly receive the instant construction cost from the Defendant Company and pay it to the relevant construction company.”
On September 2, 2014, the Plaintiff prepared a factual verification that “The instant construction cost remains at KRW 156,000,000 (Plaintiff 81,900,000, KRW 40,000, KRW 16,900,000, KRW 17,500,000, KRW 17,000, and KRW 17,50,000)” (hereinafter “instant confirmation”).
(A) No. 4, e.
Defendant B (the spouse of the Defendant Company H) is the actual person responsible and directed for the instant construction, such as the instant work order, design confirmation, and completion confirmation, and is in charge of the instant construction.